rfp_18636_attachments_final.pdf

Rev. July 2023

ATTACHMENT A: RESPONDER DECLARATIONS

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. Response Contents. The information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

2. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

D. Organizational Conflicts of Interest. To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.

An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a vendor is unable or potentially unable to render impartial assistance or advice to the State;

2. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or

3. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

E. Certification Regarding Lobbying. For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

F. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

G. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The State presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes specific exception to one or more of the conditions on this form.

The State reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to State’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below.

Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

By signing this form, I acknowledge that the above-named responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders must download and use the Exhibit D Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with the response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use the Price Schedule may be cause for rejection. Responders are strongly encouraged to provide a price for all line items. The State reserves the right to reject responses that do not supply sufficient line items.

For the purposes of evaluation, if a responder leaves blank or enters "No Bid" into a line item blank the State may enter the highest price received from all responders for that line item.

2. Pricing Instructions. Responders must fill out the Exhibit D: Price Schedule with each tractor model they offer. If multiple tractor models are included in the response, responders must add additional tabs to the Exhibit D: Price Schedule, retaing the original template format for each tab.

The Price Schedule allows for two (2) methods of submitting pricing. Responders may provide: 1) a Fixed Price or 2) a Discount off Pricelist/Catalog Price.

For Fixed Price Submissions the Responder must fill out Tab 3.0 Municipal Tractor Base Model Price Page, titled “3.0 Base Unit (Fixed Price)” and fill out Tab 4.0 Municipal Tractor Fixed Price Options Page, titled “Options (Fixed Price)”.

For Discount off List Pricing Responders must fill out Tab 5.0 Municipal Tractor Discount off List Pricing, titled “Base (Discount off List)”.

3. Municipal Tractor Base Model Pricing Tab:

(Must be completed if Responder is offering “Fixed Pricing” method. Optional if using “Discount off list” method.)

3.1 Use this tab to enter the requested base unit specifications and equipment information.

3.1.1 Include base unit pricing at the bottom of the tab (row 134).

3.1.2 Complete a separate tab for each model included in your response. When adding additional tabs, responders must retain the original template format and all required fields exactly as provided.

**NOTE—Please take the time to check formatting and page breaks on price schedules before submitting. Time spent by the State correcting formatting issues will result in delay of award and website posting.

4. Municipal Tractor Fixed Pricing-Options Tab:

4.1 List operator station options (seats, AC, mirrors, etc.).

4.2 List any plow options.

4.3 List snowblower options.

4.4 List Salt/Sand spreader options.

4.5 List directional sweeper options.

4.6 List pick-up sweeper options.

4.7 List any spraying systems offered.

4.8 List cold planer options.

4.9 List all mower attachments (rotary, boom, flail, etc.).

4.10 List any trencher attachments offered.

4.11 List any chipper attachments offered.

4.12 List any tiller attachments offered.

4.13 List any other attachments or options offered that are not listed above.

4.14 Provide any extended or performance warranties offered.

4.15 Provide delivery starting point (city, state, zip), Price Per Loaded Mile (if any), and Minimum Delivery Charge (if any).

4.15.1 If not charging a delivery fee, enter “0” or “N/C” in the Price Per Loaded Mile Line.

4.15.2 Do the same for minimum delivery charge line (enter “0” or “N/C” if it doesn’t apply).

4.16 Provide rental rates (if offered) and percent of rental fee to be applied to purchase.

4.17 List any deduction for used hours on purchase of rental return/demo units (if offered). These units must be the most current advertised model and offered on this contract.

4.18 Provide an hourly shop rate for any as needed installation or miscellaneous service type work.

4.19 Provide pricing for additional manuals (if applicable). (Note one set of manuals are to be included in the base unit pricing.)

4.20 Provide pricing for an additional set of any applicable filters.

**NOTE—Please take the time to check formatting and page breaks on price schedules before submitting. Time spent by the State correcting formatting issues will result in delay of award and website posting.

5. Municipal Tractor Discount Off List Pricing Tab:

5.1 List manufacturer name.

5.2 Provide the date or ID of catalog or price list.

5.3 Provide the Percentage (%) Discount Off for both the base unit and any attachments found within your submitted pricelist(s) or catalog(s). This percentage (%) discount will be applied to the equipment pricing shown in the pricelist(s) or catalog(s), which must be submitted seperately as part of your response.

5.4 Provide pricing for any additional manuals (if applicable). (Note one set of manuals to be included in base unit price).

5.5 List standard manufacturer warranty.

5.6 List any extended or performance warranty options offered.

5.7 Provide rental rates for new equipment (if offered) and percentage to be applied towards purchase.

5.8 List any deduction for used hours on purchase of rental return/demo units (if offered). These units must be the most current advertised model and offered on this contract.

5.9 Provide delivery starting point (city, state, zip), Price Per Loaded Mile (if any), and Minimum Delivery Charge (if any).

5.9.1 If you are not charging a delivery fee, enter “0” or “N/C” in the Price Per Loaded Mile Line.

5.9.2 Do the same for Minimum Delivery Charge Line (enter “0” or “N/C” if it doesn’t apply).

5.10 Provide an hourly shop rate for any as needed installation or miscellaneous service type work.

5.11 Provide pricing for an additional set of any applicable filters.

**NOTE—Please take the time to check formatting and page breaks on price schedules before submitting. Time spent by the State correcting formatting issues will result in delay of award and website posting.

REMINDER: RESPONDERS MUST INCLUDE THEIR PRICELIST(S) OR CATALOG(S) IN ADDITION TO THE EXHIBIT D: PRICE

SCHEDULE IF USING THIS METHOD.

6. Installation Services. A responder must apply a charge as a separate line item for installation or mounting services if such service is requested in writing by the ordering entity. The price for equipment, attachments, or options does not include installation or mounting costs unless otherwise indicated in the Contract or Price Schedule. A responder should include an hourly labor rate on the Price Schedule attached as Exhibit D to the Sample Contract. If installation services are NOT AVAILABLE, enter “N/A” where the installation hourly shop rate is requested on the Price Schedule.

A responder should carefully examine the Price Schedule for installation pricing instructions.

7. Catalogs and Price Literature. Responders choosing to use the discount off list pricing method must submit with their response a dated Manufacturer’s (OEM) Price List or Dealers Price List. Do not submit marketing material with your response unless otherwise requested.

All price lists proposed must meet accessibility requirements per the Minnesota IT Services, Office of Accessibility website: https://mn.gov/mnit/programs/accessibility/

Responders may submit the dated Manufacturer’s (OEM) Price List or Dealers Price List as attachments along with the submitted Price Schedule, or as an attached cover page with links to published websites with price lists.

Responders still must enter pricing on the submitted Price Schedule.

8. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

https://mn.gov/mnit/programs/accessibility/

Attachment D: Workforce and Equal Pay Declarations

Workforce and Equal Pay Declaration Page

This form is required for all businesses executing government contracts under the following:

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________ ☐ Equal Pay Certificate under the name: __________________________________________________________

We are applying/have applied for the following certificate(s):

☐ Workforce Certificate Application date (MM/DD/YYYY): ____________________ ☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a

Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email

Phone

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

ATTACHMENT E: ADDITIONAL INFORMATION

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders.

Vendor’s Legal Name

Address

Contact Person (Contract)

Email Address

Telephone Number

Contact Person (PO Order)

Usage Report Contact Person (See Exhibit A, 28. Usage Reports within the Sample Contract provided within the solicitation for more information)

2. Prompt Pay Discount. What prompt pay discounts do you offer? Select all that apply, if “other,” specify terms in the comment section below:

□ 1% in 30

□ 2% in 30

□ 3% in 30

□ 1% in 10, Net 30

□ 2% in 10, Net 30

□ 3% in 10, Net 30

□ 5% in 10, Net 30

□ Other

□ 1% in 15, Net 30

□ 2% in 15, Net 30

□ 3% in 15, Net 30

□ 1% in 20, Net 30

□ 2% in 20, Net 30

□ 3% in 20, Net 30

□ Net 30

Comments:

3. Delivery Time Frame. Responder must enter a delivery time frame after receipt of order (ARO) in the space below:

Rev. 9.01.2021

4. Original Equipment Manufacture/Authorized Distributor or Manufacturer’s Representative.

4.1 Please check the box(es) that applies to your company:

☐ We (the company) are the Original Equipment Manufacturer (OEM) for the products identified in our response.

OR

☐ We (the company) are an Authorized Distributor or Manufacturer’s Representative for the products identified in our response.

4.2 If you are an Authorized Distributor or Manufacture’s Representative, check the box below that applies. If you are manufacturer, skip 8.2 and proceed to 9:

☐ Attached as part of our response is a letter from the manufacture which clearly states that:

1. We (the company) are authorized to sell the specific products listed in our response to the Solicitation, or the OEM’s full line of products.

AND

2. That all OEM equipment warranties are applicable.

OR

☐ We (the company) are listed on the OEM’s website as an authorized distributor or an authorized manufacturer’s representative.

5. Usage Report Requirements

Please review the Usage Report requirement outlined within Section 27, Exhibit A of the Sample Contract included in this solicitation. If awarded Contract, please indicate below whether you will be able to meet this requirement.

☐ Yes.

☐ No. If no, explain:

6. Exhibit D: Price Schedule

I have completed the provided Exhibit D: Price Schedule included in the Event. My submitted Exhibit D: Price Schedule contains all products and pricing I am proposing as part of my response to this solicitation. I understand that failure to use the Exhibit D: Price Schedule or failure to complete it in its entirety may result in my response being rejected. I understand that, if awarded, the Exhibit D: Price Schedule included in my response may be used for incorporation into the Contract subject to any revisions required by the State.

7. Sample Invoice and Sample Quote I have included (1) a Sample Invoice and (2) a Sample Quote that meet all requirements listed in Exhibit D, Supplement 1 of the Sample Contract provided to me as part of this solicitation event. I understand that, if awarded, the Sample Invoice and Sample Quote included in my response may be used for incorporation into the Contract as Exhibit D, Supplement 1 subject to any revisions required by the State.

8. Municipal Tractors The Municipal Tractors offered in my response meets all equipment requirements and specifications outlined in Exhibit C of the Sample Contract provided for this event. I certify that I understand and will comply with all other requirements and obligations identified in the Contract if receiving an award.

9. Distributor or Manufacturer’s Rep:

If a distributor or manufacturer’s representative, as defined in MN Rules 1230.0150, is submitting an offer on behalf of the Original Equipment Manufacturer (OEM), it must either:

a. Be listed on the OEM’s website as an authorized distributor or an authorized manufacturer’s representative, or

b. Provide a letter from the OEM, on the OEM letterhead, stating the responder is authorized to sell the specific product listed in the Solicitation/Event, or the OEM’s full line of products, and that all OEM equipment warranties are applicable. (This requirement can be met by attached the OEM letter to the Solicitation/Event response). Failure to meet this requirement by the Solicitation/Event due date and time may result in the vendor’s response being rejected. The Contract Vendor shall be the single contact through which customers will arrange warranty work that is still covered under the original equipment manufacturer’s warranty on the equipment that is purchased.

Pursuant to MN Rules 1230.0150, responses from brokers may not be accepted.

OEM

Authorized Distributor

Manufacturer’s Representative

Broker